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How can i file a case for the share of my property
23-Nov-2023 (In Property Law)
I am hindu by religion.My father bought a land in 1984 and constructed a house in 2004. He transferred the property to my brother's name without taking any consent from other children.My brother is the only male child in our family.My father is still alive. Whether I can file case as per Hindu Succession Act for my share of property?
Ancestral property belongs equally to all the share holders and it cannot be sold without the consent of all of them. You may attempt to find out the relevant deeds in respect of this property from the office of registrar. A carefully directed title search can dig out documents even as old as a century. Once you have these documents in your possession you may then immediately file a case for partition to cull out your share from these properties. Get in touch with a lawyer to chart out your further legal recourse.
A case for forgery cannot be filed in such circumstances. No forgery has been committed by those who sold the property. As a share holder it was your duty to be vigilant and take all the necessary legal steps to stop the other share holders from selling this property. Your failure to stop them does not make them liable for forgery in any manner. The legal meaning of expression 'forgery' is way different from the meaning that is ascribed to it common parlance.
A case for forgery cannot be filed in such circumstances. No forgery has been committed by those who sold the property. As a share holder it was your duty to be vigilant and take all the necessary legal steps to stop the other share holders from selling this property. Your failure to stop them does not make them liable for forgery in any manner. The legal meaning of expression 'forgery' is way different from the meaning that is ascribed to it common parlance.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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How do you solve a property dispute between brothers?
After filing a partition suit, a legal notice mentioning your property details, the shares you desire, etc. will be sent. The other party must reply to the notice and if there is no response, then a partition suit will be brought. 03-Nov-2023
How do you fight for property?
In India, you can resolve property disputes by settling through mediation, bringing a civil case to court, or by using other dispute resolution methods such as arbitration and conciliation.
How to do a property case?
Youll have to file a case with the court that is appropriate for the dispute based on its value and location. Your lawyer will prepare a petition that outlines the facts, your claim and the relief sought. This document is filed with the court. When filing the petition, you will need to pay court costs.
How do I settle a family property dispute?
If the parties do not agree on the property settlement, or if they cannot divide their share mutually, the only option is to go to court to resolve the matter. The parties must file a case for partition in court to settle the dispute between family members. 17-Feb-2023
A Power of Attorney is a document that gives the attorney the authority to represent the client. The court fee varies depending on the case, and can vary from state to state. Legal advisors can help you determine the court fees.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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